Common use of Achievement of Milestone Events Clause in Contracts

Achievement of Milestone Events. The Operator must: use reasonable endeavours to achieve each Milestone Event on or before the relevant Milestone Date (Scheduled) including achieving Commercial Operation on or before the COD (Target); and achieve Commercial Operation on or before the COD (Sunset). If a Milestone Event is not achieved by the relevant Milestone Date (Scheduled), the Operator must continue to use reasonable endeavours to achieve the Milestone Event as soon as reasonably practicable after the relevant Milestone Date (Scheduled). The Operator must notify the Commonwealth 20 Business Days prior to the date on which it reasonably expects to achieve a Milestone Event. If after the Operator provides that notice to Commonwealth, the date on which the Operator reasonably expects to achieve that Milestone Event changes, the Operator must notify the Commonwealth promptly of the revised date. The Operator must notify the Commonwealth that it has achieved a Milestone Event within 510 Business Days after achievingbecoming aware that it has achieved that Milestone Event. The Operator must provide to the Commonwealth with that notice objective evidence which demonstrates that the relevant Milestone Event has been achieved, and must promptly provide any further information reasonably requested by the Commonwealth regarding the achievement of that Milestone Event within 5 Business Days after being requested to do so. Notwithstanding anything to the contrary in this Agreement, a Milestone Event will not have been achieved unless and until the Operator has provided to the Commonwealth: in relation to the Milestone Event related to Commercial Operations only, evidence from an appropriately qualified independent professional firm nominated by the Operator and approved by the Commonwealth (acting reasonably) and which has no actual or perceived conflict of interest which demonstrates that the relevant Milestone Event has been achieved. The Operator must ensure that the professional firm providing that independent evidence has agreed to permit the Commonwealth to rely on that evidence (subject to standard and reasonable limitations of liability and qualifications which that firm imposes on such reliance in the ordinary course of its business) and is liable to the Commonwealth for the contents of that evidence; a certificate from a director of the Operator that the information contained in the notice referred to in clause 5.1(c)5.1(d) is true, complete and accurate; and such other information or documentation as may be reasonably necessary to demonstrate that the relevant Milestone Event (other than the one related to Commercial Operations) has been satisfied in accordance with this Agreement including evidence from an appropriately qualified independent person (provided on a reliance or non-reliance basis) and which has no actual or perceived conflict of interest which demonstrates that the relevant Milestone Event has been achieved. As soon as reasonably practicable and in any event within 20 Business Days after the Operator issues a notice in accordance with clause 5.1(d), if the Operator: has achieved the relevant Milestone Event, the Commonwealth must issue a certificate to the Operator stating that the relevant Milestone Event has been achieved and identifying in that notice the date on which the relevant Milestone Event was achieved; or has not achieved the relevant Milestone Event, the Commonwealth must issue a notice to the Operator identifying the requirements in this Agreement which are preventing the Operator from achieving the relevant Milestone Event. After receipt of that notice, the Operator must continue to expeditiously and diligently progress the completion of those requirements in this Agreement to enable it to achieve the relevant Milestone Event. After the Operator has completed those requirements, it must issue a further notice under clause 5.1(d) and repeat the process set out in clauses 5.1(d) to this 5.1(f) until the relevant Milestone Event is achieved. Where all of the COD Conditions have been achieved, if the Operator fails to provide to the Commonwealth with each of the following (within 20 Business Days after the date on which last of the COD Conditions has been achieved by the Operator or waived by the Commonwealth each in accordance with this Agreement): the notice, evidence and/or further information requested each as identified in clause 5.2(c); and/or the evidence from the appropriately qualified independent professional firm, certificate from the director of the Operator and the other information and document each as identified in clause 5.2(d), the Commonwealth may, at its absolute discretion take any one or more of the following steps: procure the evidence referred to in clause 5.2(d)(i) itself, in which case the Operator must pay the Commonwealth within 2015 Business Days after receipt of a request to do so, the reasonable costs incurred by the Commonwealth in obtaining that evidence; direct the Operator to provide the certification referred to in clause 5.2(d)(ii) within a further period of 5 Business Days;15 Business Days, in which case the Operator must provide that certification within that further period of 15 Business Days; notify the Operator that it has failed to provide the relevant notice, evidence and/or further information requested each as identified in clause 5.2(c) and/or the evidence of the appropriately qualified independent professional firm, certificate from the director of the Operator and the other information and document each as identified in clause 5.2(d) in each case on or before the end of that 20 Business Day period and if the Operator does not provide them to the Commonwealth within a further period of 20 Business Days after receipt of that notice, terminate this Agreement by further notice to the Operator and this Agreement will terminate on the date set out in that further notice and that termination will be deemed to be a termination pursuant to clause 27.2; and determine that Commercial Operation has been achieved and notify the Operator of the date on which Commercial Operation was achieved, in which case Commercial Operation will be deemed to have occurred on the date notified by the Commonwealth.

Achievement of Milestone Events. The Operator must: use reasonable endeavours to achieve each Milestone Event on or before the relevant Milestone Date (Scheduled) including achieving Commercial Operation on or before the COD (Target); and achieve Commercial Operation on or before the COD (Sunset). If a Milestone Event is not achieved by the relevant Milestone Date (Scheduled), the Operator must continue to use reasonable endeavours to achieve the Milestone Event as soon as reasonably practicable after the relevant Milestone Date (Scheduled). The Operator must notify the Commonwealth 20 Business Days prior to the date on which it reasonably expects to achieve a Milestone Event. If after the Operator provides that notice to Commonwealth, the date on which the Operator reasonably expects to achieve that Milestone Event changes, the Operator must notify the Commonwealth promptly of the revised date. The Operator must notify the Commonwealth that it has achieved a Milestone Event within 510 5 Business Days after achievingbecoming aware that it has achieved achieving that Milestone Event. The Operator must provide to the Commonwealth with that notice objective evidence which demonstrates that the relevant Milestone Event has been achieved, and must promptly provide any further information reasonably requested by the Commonwealth regarding the achievement of that Milestone Event within 5 Business Days after being requested to do so. Notwithstanding anything to the contrary in this Agreement, a Milestone Event will not have been achieved unless and until the Operator has provided to the Commonwealth: in relation to the Milestone Event related to Commercial Operations only, evidence from an appropriately qualified independent professional firm nominated by the Operator and approved by the Commonwealth (acting reasonably) and which has no actual or perceived conflict of interest which demonstrates that the relevant Milestone Event has been achieved. The Operator must ensure that the professional firm providing that independent evidence has agreed to permit the Commonwealth to rely on that evidence (subject to standard and reasonable limitations of liability and qualifications which that firm imposes on such reliance in the ordinary course of its business) and is liable to the Commonwealth for the contents of that evidence; a certificate from a director of the Operator that the information contained in the notice referred to in clause 5.1(c)5.1(d5.1(c) is true, complete and accurate; and such other information or documentation as may be reasonably necessary to demonstrate that the relevant Milestone Event (other than the one related to Commercial Operations) has been satisfied in accordance with this Agreement including evidence from an appropriately qualified independent person (provided on a reliance or non-reliance basis) and which has no actual or perceived conflict of interest which demonstrates that the relevant Milestone Event has been achieved. As soon as reasonably practicable and in any event within 20 Business Days after the Operator issues a notice in accordance with clause 5.1(d), if the Operator: has achieved the relevant Milestone Event, the Commonwealth must issue a certificate to the Operator stating that the relevant Milestone Event has been achieved and identifying in that notice the date on which the relevant Milestone Event was achieved; or has not achieved the relevant Milestone Event, the Commonwealth must issue a notice to the Operator identifying the requirements in this Agreement which are preventing the Operator from achieving the relevant Milestone Event. After receipt of that notice, the Operator must continue to expeditiously and diligently progress the completion of those requirements in this Agreement to enable it to achieve the relevant Milestone Event. After the Operator has completed those requirements, it must issue a further notice under clause 5.1(d) and repeat the process set out in clauses 5.1(d) to this 5.1(f) until the relevant Milestone Event is achieved. Where all of the COD Conditions have been achieved, if the Operator fails to provide to the Commonwealth with each of the following (within 20 Business Days after the date on which last of the COD Conditions has been achieved by the Operator or waived by the Commonwealth each in accordance with this Agreement): the notice, evidence and/or further information requested each as identified in clause 5.2(c); ) and/or the evidence from the appropriately qualified independent professional firm, certificate from the director of the Operator and the other information and document each as identified in clause 5.2(d), the Commonwealth may, at its absolute discretion take any one or more of the following steps: procure the evidence referred to in clause 5.2(d)(i) itself, in which case the Operator must pay the Commonwealth within 2015 20 Business Days after receipt of a request to do so, the reasonable costs incurred by the Commonwealth in obtaining that evidence; direct the Operator to provide the certification referred to in clause 5.2(d)(ii) within a further period of 5 Business Days;15 Business Days, in which case the Operator must provide that certification within that further period of 15 Business Days; notify the Operator that it has failed to provide the relevant notice, evidence and/or further information requested each as identified in clause 5.2(c) and/or the evidence of the appropriately qualified independent professional firm, certificate from the director of the Operator and the other information and document each as identified in clause 5.2(d) in each case on or before the end of that 20 Business Day period and if the Operator does not provide them to the Commonwealth within a further period of 20 Business Days after receipt of that notice, terminate this Agreement by further notice to the Operator and this Agreement will terminate on the date set out in that further notice and that termination will be deemed to be a termination pursuant to clause 27.2; and determine that Commercial Operation has been achieved and notify the Operator of the date on which Commercial Operation was achieved, in which case Commercial Operation will be deemed to have occurred on the date notified by the Commonwealth.

Achievement of Milestone Events. (a) The Operator must: : (i) use reasonable endeavours to achieve each Milestone Event on or before the relevant Milestone Date (Scheduled) including achieving Commercial Operation on or before the COD (Target); and and (ii) achieve Commercial Operation on or before the COD (Sunset). . (b) If a Milestone Event is not achieved by the relevant Milestone Date (Scheduled), the Operator must continue to use reasonable endeavours to achieve the Milestone Event as soon as reasonably practicable after the relevant Milestone Date (Scheduled). The Operator must notify the Commonwealth 20 Business Days prior to the date on which it reasonably expects to achieve a Milestone Event. If after the Operator provides that notice to Commonwealth, the date on which the Operator reasonably expects to achieve that Milestone Event changes, the Operator must notify the Commonwealth promptly of the revised date. . (c) The Operator must notify the Commonwealth that it has achieved a Milestone Event within 510 5 Business Days after achievingbecoming aware that it has achieved achieving that Milestone Event. The Operator must provide to the Commonwealth with that notice objective evidence which demonstrates that the relevant Milestone Event has been achieved, and must promptly provide any further information reasonably requested by the Commonwealth regarding the achievement of that Milestone Event within 5 Business Days after being requested to do so. . (d) Notwithstanding anything to the contrary in this Agreement, a Milestone Event will not have been achieved unless and until the Operator has provided to the Commonwealth: : (i) in relation to the Milestone Event related to Commercial Operations only, evidence from an appropriately qualified independent professional firm nominated by the Operator and approved by the Commonwealth (acting reasonably) and which has no actual or perceived conflict of interest which demonstrates that the relevant Milestone Event has been achieved. The Operator must ensure that the professional firm providing that independent evidence has agreed to permit the Commonwealth to rely on that evidence (subject to standard and reasonable limitations of liability and qualifications which that firm imposes on such reliance in the ordinary course of its business) and is liable to the Commonwealth for the contents of that evidence; ; (ii) a certificate from a director of the Operator that the information contained in the notice referred to in clause 5.1(c)5.1(d5.1(c) is true, complete and accurate; and and (iii) such other information or documentation as may be reasonably necessary to demonstrate that the relevant Milestone Event (other than the one related to Commercial Operations) has been satisfied in accordance with this Agreement including evidence from an appropriately qualified independent person (provided on a reliance or non-reliance basis) and which has no actual or perceived conflict of interest which demonstrates that the relevant Milestone Event has been achieved. As soon as reasonably practicable and in any event within 20 Business Days after the Operator issues a notice in accordance with clause 5.1(d), if the Operator: has achieved the relevant Milestone Event, the Commonwealth must issue a certificate to the Operator stating that the relevant Milestone Event has been achieved and identifying in that notice the date on which the relevant Milestone Event was achieved; or has not achieved the relevant Milestone Event, the Commonwealth must issue a notice to the Operator identifying the requirements in this Agreement which are preventing the Operator from achieving the relevant Milestone Event. After receipt of that notice, the Operator must continue to expeditiously and diligently progress the completion of those requirements in this Agreement to enable it to achieve the relevant Milestone Event. After the Operator has completed those requirements, it must issue a further notice under clause 5.1(d. (e) and repeat the process set out in clauses 5.1(d) to this 5.1(f) until the relevant Milestone Event is achieved. Where all of the COD Conditions have been achieved, if the Operator fails to provide to the Commonwealth with each of the following (within 20 Business Days after the date on which last of the COD Conditions has been achieved by the Operator or waived by the Commonwealth each in accordance with this Agreement): ): (i) the notice, evidence and/or further information requested each as identified in clause 5.2(c); and/or ) and/or (ii) the evidence from the appropriately qualified independent professional firm, certificate from the director of the Operator and the other information and document each as identified in clause 5.2(d), the Commonwealth may, at its absolute discretion take any one or more of the following steps: : (iii) procure the evidence referred to in clause 5.2(d)(i) itself, in which case the Operator must pay the Commonwealth within 2015 20 Business Days after receipt of a request to do so, the reasonable costs incurred by the Commonwealth in obtaining that evidence; ; (iv) direct the Operator to provide the certification referred to in clause 5.2(d)(ii) within a further period of 5 Business Days;15 Business Days, in which case the Operator must provide that certification within that further period of 15 Business Days; notify the Operator that it has failed to provide the relevant notice, evidence and/or further information requested each as identified in clause 5.2(c; (v) and/or the evidence of the appropriately qualified independent professional firm, certificate from the director of the Operator and the other information and document each as identified in clause 5.2(d) in each case on or before the end of that 20 Business Day period and if the Operator does not provide them to the Commonwealth within a further period of 20 Business Days after receipt of that notice, terminate this Agreement by further notice to the Operator and this Agreement will terminate on the date set out in that further notice and that termination will be deemed to be a termination pursuant to clause 27.2; and and (vi) determine that Commercial Operation has been achieved and notify the Operator of the date on which Commercial Operation was achieved, in which case Commercial Operation will be deemed to have occurred on the date notified by the Commonwealth.

Achievement of Milestone Events. The Operator must: use reasonable endeavours to achieve each Milestone Event on or before the relevant Milestone Date (Scheduled) including achieving Commercial Operation on or before the COD (Target); and achieve Commercial Operation on or before the COD (Sunset). If a Milestone Event is not achieved by the relevant Milestone Date (Scheduled), the Operator must continue to use reasonable endeavours to achieve the Milestone Event as soon as reasonably practicable after the relevant Milestone Date (Scheduled). The Operator must notify the Commonwealth 20 Business Days prior to the date on which it reasonably expects to achieve a Milestone Event. If after the Operator provides that notice to Commonwealth, the date on which the Operator reasonably expects to achieve that Milestone Event changes, the Operator must notify the Commonwealth promptly of the revised date. The Operator must notify the Commonwealth that it has achieved a Milestone Event within 510 10 Business Days after achievingbecoming becoming aware that it has achieved that Milestone Event. The Operator must provide to the Commonwealth with that notice objective evidence which demonstrates that the relevant Milestone Event has been achieved, and must promptly provide any further information reasonably requested by the Commonwealth regarding the achievement of that Milestone Event within 5 Business Days after being requested to do so. Notwithstanding anything to the contrary in this Agreement, a Milestone Event will not have been achieved unless and until the Operator has provided to the Commonwealth: in relation to the Milestone Event related to Commercial Operations only, evidence from an appropriately qualified independent professional firm nominated by the Operator and approved by the Commonwealth (acting reasonably) and which has no actual or perceived conflict of interest which demonstrates that the relevant Milestone Event has been achieved. The Operator must ensure that the professional firm providing that independent evidence has agreed to permit the Commonwealth to rely on that evidence (subject to standard and reasonable limitations of liability and qualifications which that firm imposes on such reliance in the ordinary course of its business) and is liable to the Commonwealth for the contents of that evidence; a certificate from a director of the Operator that the information contained in the notice referred to in clause 5.1(c)5.1(d5.1(d) is true, complete and accurate; and such other information or documentation as may be reasonably necessary to demonstrate that the relevant Milestone Event (other than the one related to Commercial Operations) has been satisfied in accordance with this Agreement including evidence from an appropriately qualified independent person (provided on a reliance or non-reliance basis) and which has no actual or perceived conflict of interest which demonstrates that the relevant Milestone Event has been achieved. As soon as reasonably practicable and in any event within 20 Business Days after the Operator issues a notice in accordance with clause 5.1(d), if the Operator: has achieved the relevant Milestone Event, the Commonwealth must issue a certificate to the Operator stating that the relevant Milestone Event has been achieved and identifying in that notice the date on which the relevant Milestone Event was achieved; or has not achieved the relevant Milestone Event, the Commonwealth must issue a notice to the Operator identifying the requirements in this Agreement which are preventing the Operator from achieving the relevant Milestone Event. After receipt of that notice, the Operator must continue to expeditiously and diligently progress the completion of those requirements in this Agreement to enable it to achieve the relevant Milestone Event. After the Operator has completed those requirements, it must issue a further notice under clause 5.1(d) and repeat the process set out in clauses 5.1(d) to this 5.1(f) until the relevant Milestone Event is achieved. Where all of the COD Conditions have been achieved, if the Operator fails to provide to the Commonwealth with each of the following (within 20 Business Days after the date on which last of the COD Conditions has been achieved by the Operator or waived by the Commonwealth each in accordance with this Agreement): the notice, evidence and/or further information requested each as identified in clause 5.2(c); and/or the evidence from the appropriately qualified independent professional firm, certificate from the director of the Operator and the other information and document each as identified in clause 5.2(d), the Commonwealth may, at its absolute discretion take any one or more of the following steps: procure the evidence referred to in clause 5.2(d)(i) itself, in which case the Operator must pay the Commonwealth within 2015 15 Business Days after receipt of a request to do so, the reasonable costs incurred by the Commonwealth in obtaining that evidence; direct the Operator to provide the certification referred to in clause 5.2(d)(ii) within a further period of 5 Business Days;15 15 Business Days, in which case the Operator must provide that certification within that further period of 15 Business Days; notify the Operator that it has failed to provide the relevant notice, evidence and/or further information requested each as identified in clause 5.2(c) and/or the evidence of the appropriately qualified independent professional firm, certificate from the director of the Operator and the other information and document each as identified in clause 5.2(d) in each case on or before the end of that 20 Business Day period and if the Operator does not provide them to the Commonwealth within a further period of 20 Business Days after receipt of that notice, terminate this Agreement by further notice to the Operator and this Agreement will terminate on the date set out in that further notice and that termination will be deemed to be a termination pursuant to clause 27.222.2; and determine that Commercial Operation has been achieved and notify the Operator of the date on which Commercial Operation was achieved, in which case Commercial Operation will be deemed to have occurred on the date notified by the Commonwealth.